You are required to file Lacey Act declaration for imported products listed on the Implementation Schedule that contain composite wood material, such as medium- and high-density fiberboard, oriented strand board, particle board, and paper. APHIS created Special Use Designations (SUD) to provide some relief to trade when attempting to complete Lacey Act declarations for products that contain composite materials. If your product contains any of the composite materials listed under "Composite, Recycled, or Reused Plant Materials," you may use this SUD if you cannot identify the species after an exercise of due care. If you know the scientific names of a wood used to manufacture the composite article, you do not need to use the SUD.
NOTE: The “SPECIAL COMPOSITE” designation may only be used in place of the scientific name of the plant/wood material when the article is manufactured from small fibers of more than one kind of plant and have been mechanically processed, mixed, and chemically bonded together (e.g. MDF, HDF, OSB, Particle Board, Paper, Paperboard, and Cardboard). Thin plies or layers of solid wood do not meet this requirement.
|2. If product contains MDF, HDF, OSB, Particle Board, Paper, Paperboard, etc.||Genus designation: Enter:"SPECIAL"||Species designation: Enter:"COMPOSITE"|
In 2018, APHIS published an advanced notice of proposed rulemaking to solicit public comment on regulatory options that could address issues with the implementation of the declaration requirement for composite plant materials. APHIS received 4 comments and will conduct further outreach before publishing a proposal in the Federal Register.